Provisions on Detention in Criminal Proceedings
1. Detention may be applied to suspects or defendants charged with especially serious crimes or very serious crimes.
2. Detention may be applied to suspects or defendants charged with serious crimes or less serious crimes for which the Criminal Code prescribes a prison sentence of more than 02 years, if there are grounds to determine that such persons fall under one of the following circumstances:
(a) They have previously been subjected to another preventive measure but violated such measure;
(b) They have no fixed and identifiable place of residence or their identity cannot be verified;
(c) They absconded and were arrested under a wanted warrant, or show signs of attempting to flee;
(d) They continue to commit crimes or show signs of continuing criminal conduct;
(đ) They commit acts of bribing, coercing, or instigating others to give false statements or provide false documents; destroying, falsifying evidence, documents, or objects of the case; dispersing property related to the case; or threatening, controlling, or retaliating against witnesses, victims, crime reporters, or their relatives.
3. Detention may be applied to suspects or defendants charged with less serious crimes for which the Criminal Code prescribes a prison sentence of up to 02 years if they continue to commit crimes or abscond and are arrested under a wanted warrant.
4. Suspects or defendants who are pregnant women, women nursing children under 36 months of age, elderly persons, or persons with serious illnesses and who have clear residence and identity records shall not be detained but shall be subjected to other preventive measures, except in the following cases:
(a) They abscond and are arrested under a wanted warrant;
(b) They continue to commit crimes;
(c) They commit acts of bribing, coercing, or instigating others to give false statements or provide false documents; destroying, falsifying evidence, documents, or objects of the case; dispersing property related to the case; or threatening, controlling, or retaliating against witnesses, victims, crime reporters, or their relatives;
(d) They are suspects or defendants in cases involving crimes against national security and there are sufficient grounds to determine that failure to detain them would endanger national security.
5. Persons vested with authority under Clause 1, Article 113 of this Code have the power to issue detention orders or decisions. Detention orders issued by persons specified in Point (a), Clause 1, Article 113 must be approved by the People’s Procuracy prior to enforcement. Within 03 days from the date of receipt of the detention order, the request for approval, and related case files, the People’s Procuracy shall issue a decision approving or disapproving the detention. The Procuracy must return the case file to the Investigation Agency immediately upon completion of the approval process.
6. The Investigation Agency must verify the identity of the detainee and promptly notify the detainee’s family, the People’s Committee of the commune where the detainee resides, or the agency/organization where the detainee works or studies.
Legal Basis:
Article 119 of the Criminal Procedure Code 2015;
Clauses 57 and 59, Article 1 of the Law Amending the Criminal Procedure Code 2025.
